Very want to Default me - even though in an arrangement - please help

[moneydragon]

Due to partners ill health and not entitled to any benefits - that's another issue,

 

So with just one wage I have set up some agreements with my creditors and for the past 12 months have been honouring the payments. However, I have just received a default from very demanding £450 by the 28th which I simply cannot afford.

 

It states that if I don't pay by that date then they will demand full payment of £650.

 

Please help as I am worried that they will then just issue me with a ccj.

[BankFodder]

I expect that DX will be along later to give you some more specific advice. However, I think that you will need to give us more information about all of the debts. Who are they with, when where they incurred and so forth. In respect of the demand from Very, did you have an agreement with them or has this come out of the blue?

[moneydragon]

Thanks for your reply bank fodder. I have two other debts both credit cards and very all agreed last year after submitting an income sheet to a payment plan which I have been honouring each month. Last month I received a letter from very wanting payment which I went back and said that my circumstances remained the same. Heard nothing until this default arrived.

[renegadeimp]

They can't just issue a ccj when they issue a default. There's a whole lengthy procedure they have to follow

[BankFodder]

So I understand that you entered into an agreement with Very by which they would accept instalments. You have stuck to the agreement but despite this, they are now trying to renege on the agreement with a demand for a lump sum payment and a threat to pursue for the total. Is this correct?

[moneydragon]

Yes bank fodder that is correct although they did say at the beginning that they would review in 12 months which they have by trying to get more and then issuing a default.

[BankFodder]

Please have a look at this http://www.consumeractiongroup.co.uk/forum/showthread.php?426145-CONC-7.12-Lenders-responsibilities-in-relation-to-debt-including-DMPs

 

I think that you need to find out the definition of a "debt management plan". Your problem find it is in the CONC regulations. You are entitled to do on your own behalf. You don't need to do it through some third-party organisation.

 

It seems to me that you should then call Very's attention to the fact that you are involved in a debt management plan and they have agreed to take part and if they now refuse to continue engaging on it, they will most likely wreck the plan.

 

Tell them that if they refuse to cooperate then you will consider that they are in breach of their statutory FCA regulations under CONC, particularly 7.12 and that you will make a complaint about them and also you will rely on the FCA regulations as part of a defence and also a counterclaim if they carry out their threat to pursue you for the total.

 

Tell them that you want a proper response or else you will begin a formal complaint to the regulatory authorities.

 

We'll see if that makes any difference to their attitude. Please keep us informed. This would be the first time that this approach has been tried and I would be very interested to see how it works.

 

Apart from that, I hope that DX or someone else will come along and discuss with you the validity or otherwise of your debts. Do you know if any of these alleged debts are comprised of charges at all?

[moneydragon]

Ahh thanks bank fodder very much appreciated, I will get on with it today and keep you updated

[dx100uk]

I would guess that this is in preparation to them selling the debt on.

 

 

so equals something dodgy about it one way or another.

 

 

I assume the debt is ofcourse showing on your credit file?

 

 

when did you first take all this credit out please..

 

 

as advised more details.

 

 

very are quite entitled to default you sadly even if you are in an arrangement.

you are not paying the required payments.

[moneydragon]

I opened an account with Very about 4 years ago.

 

 

Whilst I accept they are entitled to default me,

it was their tone and demand for £450 without acknowledging the arrangement and failing that full payment of £650 that has thrown me.

[BankFodder]

Yes – they are entitled to default you. However, I think it would be very difficult for them to change the instalment plan – or at least to vary it significantly. Also, I think that in your letter to them you ought to point out to them that if they sell the debt on, that they are obliged to sell it subject to the existing instalment plan and that you will flag this up to whoever might own the debt in the future and that you have already warned them about their behaviour.

[moneydragon]

I have just checked my account online and I am not paying interest.

 

 

I have also noticed that there is an e-letter with a heading

"please contact Nationwide Debt Recovery.

 

 

At the moment I am unable to open as it keeps saying pdf download unsuccessful and I have the app installed

[dx100uk]

NDR are very [shop directs] fake internal DCA

so I wouldn't worry too much.

 

 

as the account is from 4yrs ago itll be enforceable

but there might well be penalty charges?

 

 

have you all the statements?

 

 

have you checked your credit file?

I suggest this is already defaulted ?